SANTOSH GIRI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Since in both these criminal revisions, an identical question of law fell for consideration, same are taken up for hearing together and are disposed of by this common order.

(2.) The core issue arises for adjudication in this matter is - while granting bail, a court granting bail is empowered to impose any condition, other than those enumerated in relevant provisions contained in Chapter-XXXIII of the Code of Criminal Procedure, relating to the provisions as to bail and bail bonds. The petitioner was arrested in connection with two cases, namely, Hare Street Police Station Case No. 233/13 under Sections 406/420/419/120B of the Indian Penal Code and Hare Street Police Station Case No. 377/13 under Sections 420/406/506(ii)/120B of the Indian Penal Code. This petitioner was arrested on 8th June, 2013 and after his detention in custody for about 27 days on 4th July 2013, he was released on interim bail by the learned Chief Metropolitan Magistrate, Calcutta. In both the cases, the interim bail was granted on condition of furnishing a bond of Rs.3000/- with one surety of like amount and he shall meet the Investigating Officer of the case at least twice in a week for a period of four weeks. A further condition was imposed that in the meantime, that is, by the returnable date, the petitioner shall repay the alleged cheated money.

(3.) In the case in hand, it is the only grievances of the revisionist that order of bail cannot be subject to condition of repayment of alleged cheated amount and imposition of such condition is beyond the authority of the court. I think it would be sufficient to reach to a conclusion in the matter, if the decision of the Apex Court in the case of Shyam Singh vs- C.B.I, 2006 2 SCC(Cri) 613 be referred. In the said case amongst other, the Apex Court held, " it is of course open to a Court to grant or refuse bail, but to assume that an offence has been committed even at the stage of granting bail and to direct repayment of any amount is both onerous and unwarranted, when the liability of the accused was yet to be determined in an appropriate proceeding".